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The Risk And Resolution Of The Sellers Of The FOB Trade Through Marine Transportation

Posted on:2015-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:F Y ChenFull Text:PDF
GTID:2296330467976843Subject:Law
Abstract/Summary:PDF Full Text Request
FOB term is the earliest term in the history of International Trade. With thedevelopment of world economy and the strengthening of the exchanges betweencountries,FOB term has occupied a large proportion in the International Trade.Chinahas a strong power in the Import and Export, FOB trade also has occupied a largeproportion in the Import and Export of China.When FOB term has occupied a large proportion in the International Trade, thisterm’s usage has made many disputes in the practice. The author thinks, the mainreason to produce these disputes is not clearly recognizing the seller’s legal status inthe contract of carriage of goods by sea and the relationship between the sales contractand the contract of carriage of goods by sea. This is the reason of the confusionamong the seller\buyer and carrier.Our country’s "maritime law" puts the sellers of the FOB trade as the shipper.But this provisions have caused heated debate in our maritime law’s academia. Thescholars with different opinions express their views. English law did not make a clearregulation of the concept of the shipper, it divided FOB term into three variants: strictFOB, classic FOB and FOB with additional services. In the different variants,theseller is in a different location.This paper mainly makes the seller’s legal status clearly, determines the seller’s rights and obligations through studying the risks that the seller may face to in the FOBtrade.This paper makes up with four parts. The first part is mainly about the FOB’smeaning and types. The author hopes to make clearly understanding of the FOB termthrough this part. The second part is mainly about the shipper of the regulations ofinternational conventions and our domestic law, and the controversy that theseregulations cause. The third part is mainly about four key issues in the FOB tread: thequestion of the recognizing the shipper,the question of issuance of the bill of lading,the question of the Right of Stoppage in Transit and the question of the influence ofthe FOB trade to our country. The fourth part is mainly aimed at discussing thequestions that the third part has put forward. The author hopes this discussing can beuseful to solve these questions.The author puts forward her own views about the recognizing of the shipperthrough the way of discussing and drawing the different scholars’ views. The author’spurpose is useful to protect the seller’s right and to promote the international traderunning smoothly through this paper’s research and comparison.
Keywords/Search Tags:Fob term, the seller, the shipper, the contract ofcarriage of goods by sea, the Right of Stoppage in Transit
PDF Full Text Request
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